Our client was accused of common assault and resisting arrest. In a first meeting, Mr Patel advised his client that CPS has no case at all.
Immediately a litigation strategy was put in place. A warning letter with Defence Case Statement was sent to the CPS. CPS never replied to this letter.
In relation to common assault, CPS relied upon a 999 call. We put forward a defence that this was a hearsay evidence and there is no application to introduce such evidence. Magistrates Courts rejected their oral application to introduce hearsay evidence. CPS had no choice but to withdraw the first allegation of common assault.
The two police officers allegedly claimed that they witnessed our client was resisting arrest. Evidence of both the police officers were contradictory and totally unreliable. During intense cross-examination, one of the officers admitted that he assaulted our client just before unlawful arrest thereby causing wrist injury.
Apparently, doctor’s examination shown that our client’s wrist was swollen but the CPS and Police did not disclose the photographs, doctor’s report and custody record that was prepared during examination of our client’s wrist in the police station.
Magistrates Courts passed a verdict of not-guilty and allowed our client to recover legal costs from the Central Funds. After six months our client was allowed to stay with the family and two children.
Legal Comfort Solicitors is now in the process of preparing a claim against the police officers of common assault and Criminal Injury Compensation.